As the UK Court of Appeals aligns with the EU courts on hyperlinks, Penelope Thornton and Alastair Shaw of Hogan Lovells unpack the decision.
On March 26, the UK Court of Appeal handed down its judgment in Warner Music & Sony Music v TuneIn dismissing the appeal by TuneIn in almost all respects.
The case is a UK test case on infringement of copyright by communicating works to the public by hyperlinks. It is also important because it is the first time the UK court has had to consider whether it should follow the jurisprudence of the Court of Justice of the European Union (CJEU) in the area of “communication to the public” now the UK has left the EU.
The judges were unanimous in finding that it was not necessary or desirable for the UK Court to depart from the CJEU’s jurisprudence on the right of ‘communication to the public’, following Brexit.
TuneIn, CJEU, Hogan Lovells, Sony, Warner, judge, post-Brexit, copyright, hyperlinks